El Fresko Technologies | Terms of Use & Legal Information

Terms of Use & Legal Information

Your Agreement with El Fresko Technologies

Welcome to this El Fresko Technologies website. Following are the terms and conditions that govern your use of this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND EL FRESKO TECHNOLOGIES. ("EL FRESKO TECHNOLOGIES", "WE", "OUR", OR "ELFRESKO.COM"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.

General Advisory

The information on this website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. El Fresko Technologies and its affiliates, including, without limitation, its parent, subsidiary, successors and assigns and all entities merged into or with El Fresko Technologies may also make improvements and/or changes in the products and/or programs described on this website at any time without notice.

All Software that is made available from this website("Software"), is protected by copyright laws and/or international copyright treaties, and other intellectual property laws and treaties. The Software is licensed, not sold. All title and copyrights in and to the Software, and any copies thereof, are owned by El Fresko Technologies.

All demonstration or evaluation Software is provided for educational, evaluation, personal and internal use only and may not be used for commercial, development or production purposes. In addition, such Software may be time-disabled. This means that all Software functions and features will shut down after a period of time. El Fresko Technologies is not liable for any damage or loss whatsoever including without limitation, data loss that may result from such disabling.

Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("End-User License Agreement"). An end user will be unable to download and/or install any Software that is accompanied by or includes an End-User License Agreement, unless he or she first accepts the terms of the End-User License Agreement. Where Software is not accompanied by an End-User License Agreement, the terms and conditions set forth on this web page shall govern.

Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE Software ANYWHERE AND FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT El Fresko Technologies' PRIOR WRITTEN CONSENT.

LINKS TO THIRD PARTY WEBSITES

There are links on this site that will permit you to travel to other, third party websites over which El Fresko Technologies has no control. As such, El Fresko Technologies makes no representations of any kind about the content of any of these other websites, or about any of the links contained in the sites which you may access through this El Fresko Technologies website. El Fresko Technologies does not endorse or accept any responsibility for the content, or use, of any such linked websites.

There are inherent dangers in the use of any Software available for downloading on the Internet, and El Fresko Technologies hereby admonishes you to make sure that you completely understand the all of the risks before downloading any of the Software (including without limitation, the potential infection of your system by computer viruses and loss of data). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Software.

U.S. Government Rights

Any Software which is downloaded from this website for or on behalf of the United States of America, its agencies and/or instrumentality's ("U.S. Government"), is provided to the U.S. Government as commercial computer Software under all relevant laws and statutes of the United States, and in supplements of various U.S. government agencies, as applicable), and the restrictions set forth on the License Agreement and/or this web page. Manufacturer is El Fresko Technologies and/or its affiliates, including without limitation its parent, subsidiary, successors and assigns and all entities merged into or with El Fresko Technologies.

El Fresko Technologies
6320 11 Street SE
Suite 14
Calgary, Alberta
Canada, T2H 2L7

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EL FRESKO TECHNOLOGIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND, AS SUCH, THIS PROVISION MAY NOT APPLY IN THOSE STATES/JURISDICTIONS.

No Warranty

Export Control

None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.

Feedback

Any comments or materials sent to El Fresko Technologies, including without limitation feedback, such as questions, comments, suggestions or any related information regarding the Software, this website or any other products, programs or services of El Fresko Technologies ("Feedback"), shall be deemed to be non-confidential. El Fresko Technologies shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Copyright Notice

Trademarks

El Fresko Technologies, MagnaStor, Archimedia, CD Creation, DVD Creation, ODSS, and the El Fresko Technologies logo, and all other El Fresko Technologies product names are trademarks or registered trademarks of El Fresko Technologies in the US and/or other countries. The absence, on this site of an El Fresko Technologies product, service name, slogan or logo does not constitute a waiver of El Fresko Technologies' trademark or other intellectual property rights relating to such name or logo. Other product names mentioned herein may be trademarks or registered trademarks of their respective companies and should be treated as such.